Over the past decade, much attention has been given to the topics of corporate governance and corporate risk management. One increasingly important insurance product associated with each of these issues is directors' and officers' (D&O) liability insurance. Given the interconnectedness that exists between D&O insurance, corporate risk management, and corporate governance, we exploit industry-specific D&O data to explain how industries most associated with the corporate scandals of the early 2000s adjusted demand patterns during periods of certainty and uncertainty. The rich data set coupled with dramatic changes in the marketplace allows for the testing of insurance demand patterns and enables us to offer insight into the market's response to a unique type of loss shock. The results of this study suggest evidence in favor of demand-side probability updating, whereby those industries most associated with the corporate scandals of the early 2000s adjusted the demand for D&O insurance during periods of greater uncertainty.
Workers compensation in the United States has been designed as a no-fault system that provides comprehensive medical and income benefits to employees with work-related injuries. Under its no-fault concept and the exclusive remedy doctrine, injured workers relinquish the right to sue their employer in tort in exchange for prescribed, guaranteed benefits that are paid promptly without protracted disputes. However, there is considerable evidence of increasing litigation in and outside the system that is undermining its no-fault principles and siphoning resources away from the efficient delivery of benefits to injured workers. This article reviews the legal and economic developments that are reshaping workers compensation and the threats they pose. The authors argue for a comprehensive reexamination of the structure of the system to resolve the conflicts among its stakeholders and improve its efficiency. Specifically, the authors explore several potential measures that would enhance worker and employer choice to reconciIe their interests while restoring the nofault foundation of the system.
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